How the New Suitability and Fitness Rule could be your route to Disability Retirement

The new Suitability and Fitness Rule makes it a lot easier for federal workers with conduct issues to be fired.  

And when we say easy, here’s what we mean: Once your agency refers you to OPM for this rule, you could be removed within five days.  

But, if your conduct issues at work are caused by a medical condition, it might not be as scary as it sounds. 

Here are two main reasons you shouldn’t panic yet if your medical condition is behind your conduct issues: 

1. 1. This rule is new and relatively untested, but right now it’s more focused on things like theft, delinquent tax filing, and other serious examples of misconduct.  
   2. If your medical condition is the direct cause of your misconduct, you likely have a real case for Disability Retirement 

How Disability Retirement could play a role

Disability Retirement is a benefit designed for federal workers who are struggling to do their job because of their medical condition. With the benefit you can leave work and:  

• • Get paid monthly 
  • Keep your health and life insurance 
  • Get a job in the private sector  
  • Keep gaining years of service toward your pension 

This is a long-term benefit that can give you real stability on your own terms. It’s for any medical condition that’s getting in the way of your ability to work, and any condition that causes misconduct could count. 

What Does a strong application look like?

When the OPM looks at an application for Disability Retirement, they’re looking for a deficiency in performance, attendance, or conduct at work. These can be proven with documents from your agency, proof of extended medical leave, doctor’s restrictions, and more. 

A strong application shows the OPM the full story, including the details of your condition, how it affects you at work, and how your deficiencies can be traced back to your diagnoses.  

For a complete breakdown of how to qualify for Disability Retirement, check out our guide.  

Real Client Story

For conduct issues, you’ll need your doctor to show exactly how your misconduct came from your medical condition.   

Here’s what that could look like in real life: 

This is a real client’s story with name and details adjusted for privacy.  

Catherine 

• • Worked for the VA for eight years 
  • Has a history of Post-Traumatic Stress Disorder and Major Depressive Disorder 
  • Condition worsened in the last 18 months despite continued medical care  
  • Written up three times in the last year for outbursts at work related to PTSD 

After Catherine realized she needed to step away, her doctors were able to write supportive letters, showing that her PTSD had caused her outbursts.  

She was approved for Disability Retirement due to her mental health conditions.  

Is it time to weigh your retirement options?

If this sounds familiar, and you’re ready to see if Disability Retirement is a fit for you, we’re ready to help.  

Call our office today for a free consultation.